What would happen to property of a childless couple if they die?


You have the right to make a will under Indian Succession Act, 1925 and according to the will, the property would further be devolved upon the person or persons as mentioned in the will. The will would mention how and to whom your movable and immovable property would be given after your death. Y

our spouse shall also make a will and mention how and to whom her movable and immovable property would be bequeathed. Since you do not have any children, you have the option to donate all your movable and immovable property for a cause you believe in or to some Non-government Organisation (NGO) or to anyone you wish to. However, if you and your spouse die before making a will, then the property would be distributed as per the laws of succession governed by personal laws such as the Hindu Succession Act, 1956.

Your property would go to your mother if she is alive and if she is not alive, then the property would pass on to class II legal heirs i.e., your father, if he is alive, or if you have any siblings. In case you do not have any relative that can claim the property as a legal heir, the property would then pass on to the government.

Reference: Indian Succession Act, 1925



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